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Synopsis

While disposing of a plea, a division bench of Justice Vibhu Bakhru and Justice Amit Mahajan, of the Delhi High Court, observed that if respondents want to restrict the strengthening of the thread used for kite flying, they must clearly state that dealing above a certain tensile strength of the cotton thread is prohibited. And further observed that "...a person flying kites cannot modify the kite flying  thread to sharpen the same for the purposes of sparring with fellow  sports persons".

The court was hearing a plea filed by an Association of shopkeepers dealing in the sale-purchase of kite flying challenging the notification issued by the Department of Environment, Government of NCT of Delhi on January 10, 2017, wherein it imposed a complete ban on the sale-purchase use of kite flying thread made of nylon, plastic, or any other synthetic material, including popularly known as "Chinese Manja," as well as any other kite flying thread that is sharp or made sharp, such as by being laced with glass, metal, or any other sharp materials.

The petitioner's case is that the impugned notification is written in ambiguous terms and, thus has the potential to be used as a tool of harassment against manufacturers and dealers of kite flying thread. The petitioner then referred to the second direction issued in the notification, which stated that kite flying is permissible “only with a cotton thread, free from any sharp/ metallic/glass components/ adhesives/thread strengthening materials”.

It was contended that the order passed by the National Green Tribunal (NGT) on July 11, 2017, was arbitrary and ultra vires the Constitution of India and that it prohibited the use of nylon/synthetic thread (Chinese Manja), but not the manufacture of traditional cotton Manja.

Counsel for the petitioner states that the impugned notification allows kite flying only with cotton thread free of any sharp metallic/glass components/adhesive/thread strengthening material. It contended that the language used in the notification is open to broad interpretation. And further contended that although there is no difficulty in using cotton thread free of sharp, metallic/glass components, the terms "adhesives" and "thread strengthening material" are broad enough to include a variety of materials, including those to which there may be no objection.

On the contrary, the Government argued that it would be desirable to prohibit the use of Manja for the protection of both humans and birds, and that the Chinese Manja or synthetic kite flying thread is also non-biodegradable and thus remains in the environment indefinitely.

The court stated that to ensure that those who participate in kite flying use thread that is not capable of causing injury, the state government notification forbids them from using sharp metallic or glass components or adhesives to sharpen the kite flying thread.

Accordingly, the court disposed of the petition.

Case Title: Hathkargah Laghu Patang Udyog Samiti (Reg.) v. Government of NCT of Delhi and Anr.